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MMLU / A construction company was doing repairs and replacing portions of a sidewalk…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A construction company was doing repairs and replacing portions of a sidewalk and railing next to a lake. The construction crew started tearing out the old sidewalk and railing, but stopped work when it started to get dark. The construction crew left without putting up a warning sign or barrier around the work area. A few hours later, a jogger came along the sidewalk. Not realizing the construction work was in progress there, the jogger stumbled and fell at the spot where the construction crew had torn up the sidewalk and railing. The jogger fell into the lake. As the jogger was attempting to stay afloat, he began screaming, "Help! Help! I can't swim. I'm drowning. " His screams attracted the attention of a person who was passing on his bicycle. The cyclist immediately hurried to assist the jogger. As the cyclist was leaning over the edge of the lake, trying to help the jogger get out of the water, he lost his balance and fell into the lake. Both the jogger and cyclist suffered serious bodily injuries before they were pulled out of the water by police. In a negligence action by the cyclist to recover for his personal injuries, the construction company will most probably

choices

  1. be held liable, because the cyclist's attempt to rescue the jogger was foreseeable.
  2. be held liable, because the construction company would be strictly liable to anyone injured by the failure to put adequate warnings or barriers around the site of the sidewalk repairs.
  3. not be held liable, because the cyclist assumed the risk by leaning over the edge of the lake.
  4. not be held liable, because the construction company could not foresee that anyone would be hurt while trying to rescue someone from the lake.

subject

professional_law

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Source and history

task_id
1dd434bf-c648-5ee3-8158-894411cefe65
task_key
all--test--1dd434bf-c648-5ee3-8158-894411cefe65
task_revision_id
1
config / split
all / test

Official source

initial import